Survey on automatic disqualification changes introduced by the Charities Act 2023

The Charities (Regulation and Administration) (Scotland) Act 2023 will extend the range of criteria that result in automatic disqualification, and these rules will also apply to people undertaking a senior management function in a charity, not just trustees.

OSCR is currently considering several aspects of this extension of automatic disqualification. We would like to hear your views on key aspects of the changes, which are expected to be introduced in mid-2025.

If you would like to share any further thoughts beyond the survey, please contact our Engagement Team by emailing engagement@oscr.org.uk.

Name *

Charity name *

Charity number *

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What checks do you currently make on whether your trustees fall into any of the disqualification criteria?

What else will you need to do to comply with the new measures?

What would be the effect if you found that someone undertaking one of the affected functions was likely to be disqualified?

What guidance should OSCR provide to a relevant person who will meet the criteria for automatic disqualification once the measure is introduced?

What guidance should OSCR give to a relevant person who will be disqualified for a limited period of time?

What guidance should OSCR give to a relevant person who becomes disqualified at a future point in time following a change in their circumstances?

What guidance do charities need if a person will be disqualified once the new measures are brought into effect?

What factors should OSCR take into account in considering whether an individual’s disqualification should be waived?

How should charities ensure that they comply with the new criteria for automatic disqualification?

What else do we need to consider regarding the automatic disqualification of people undertaking senior management functions within charities?

As part of our engagement on this topic we may contact charities who have completed this survey for further information. If you DO NOT wish to be contacted, please tick this box.

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OSCR Scottish Charity Regulator

Survey on automatic disqualification changes introduced by the Charities Act 2023